Nashville — State Rep. Chris Newton, who represents Bradley, Meigs, and Polk counties, has introduced two House Joint Resolutions calling for a constitutional amendment to restrict abortions.

He gave this background that he said has led to these constitutional amendments being introduced:

On September 15, 2000 in the case of Planned Parenthood of Middle Tennessee v. Sundquist, 38 S.W.3d 1 (Tenn. 2000), the Tennessee Supreme Court reviewed Tennessee’s abortion laws. The court ruled that the right to have an abortion in this state was based on the Tennessee Constitution’s implied right to privacy. The court noted that in previous cases where the right to privacy has been concerned, the state has reviewed any restriction on such right under the strict scrutiny standard and that the right to abortion was no different. The State Supreme Court said that a higher standard of review must be employed because ”the interest asserted in this case constitutes a cognizable privacy interest” under the Tennessee Constitution; such privacy right is a fundamental right; and when a fundamental right is at issue a higher standard of review is required when determining whether a restriction upon that right is constitutional.

The Tennessee Supreme Court found the following portions of Tennessee’s criminal abortion statutes to be unconstitutional: Tennessee Code annotated 39-15-201(c)2 (hospitalization for second trimester abortions), 39-15-202(b) and (c) (physician-only counseling/informed consent), 39-15-202(d)(1) (two-day waiting period), 39-15-202(d)3 (medical emergency exception for the two day waiting period), 39-15-202(g) (medical emergency exception to the informed consent and physician-only counseling).

Rep. Newton said, “I voted for these common sense restrictions on abortion during my first three terms as a member of the Tennessee House of Representatives that the State Supreme Court struck down. Today, because of liberal activist judges, Tennessee now has the most liberal abortion laws in the United States of America. We need to pass a constitutional amendment that recognizes the sanctity of life."

The first constitutional amendment resolution is HJR 14. This constitutional amendment would amend Article I of the Constitution of Tennessee by adding the following language:

“Nothing in this Constitution secures or protects a right to abortion or the funding thereof. The legislature shall have the sole authority to make and shall make such provisions for abortion as it determines reasonably necessary for victims of rape, incest, and to save the life of the mother.”

He said, “This is the same amended language that was sponsored by Senator David Fowler, R-Signal Mountain in Senate Joint Resolution 127 that passed the State Senate with 22 votes last year. The companion resolution in the State House of Representatives failed in a subcommittee. We attempted to suspend the rules of the House of Representatives to bring the resolution directly to the floor for immediate consideration and this attempt failed. I voted to suspend the rules for immediate consideration and have debate on the constitutional amendment.”

The second constitutional amendment resolution is HJR 15. This constitutional amendment would amend Article I of the Constitution of Tennessee by adding the following language:

“Nothing in this Constitution secures or protects a right to abortion or the funding thereof.”

This is the same original language that Sen. Fowler had in SJR 127 before it was amended and passed by the Senate with the exceptions for rape, incest, and to save the life of the mother.

Rep. Newton said, “This is a very difficult issue for many to discuss, but we must act now to start the long process to amend our state constitution. This resolution must pass by a simple majority in both the House and Senate during this two-year session of the 104th General Assembly. The same amendment must pass by a 2/3 majority in both the House and Senate during the two-year session of the 105th General Assembly that begins in January 2007. The earliest the constitutional amendment could appear on the ballot is the November 2010 General Election.”

Rep. Newton is currently serving his sixth two-year term in the Tennessee House of Representatives. He is the ranking senior Republican member of the House Judiciary Committee, Chairman of the Constitutional Protections Subcommittee, Criminal Practice and Procedure Subcommittee member, and also serves on the House Finance, Ways & Means Committee. Newton represents the 22nd Legislative District, which includes Bradley, Meigs, and Polk Counties.